Haley, 2014, p. 105). The procedural rights of The Fourth Amendment are the search and seizure of citizens property and/or person in violation of the criminal law, with a meaningful interference by the government. There has to be probable cause. A search and seizure have to be within reason, with a descriptive warrant explaining exactly what is to be searched and seized, signed by a judge. Search and seizure without a warrant can be conducted if the citizen volunteer permission. The Fourth…
with probable cause to conduct a warrantless search of the interior of the vehicle?” This was the question that was argued in 2012 at U.S. supreme court. Clayton Harris was charged with possession of pseudoephedrine which can be used to manufacture meth. He was stopped by the Police during a traffic stop for expired registration. The K-9 squad dog alerted the officer of existence of drug. This gave the officer a probable to search the car. During the search, the officer found over 200 loose…
The policy that the New York Police Department has is questionable, with the information that given in the article. The article states, "The stop-and-frisk policy -- in which police stop, question and frisk people they deem suspicious, even if they've committed no crime -- has been one of the most controversial policing techniques in recent time, fueled by clashes between civil rights and civil liberties groups challenging the practice as racist and illegal" (Boyette & Martinez, 2013, p.1). I do…
rights mentioned have evolved because of other cases that have affected the criminal justice system. The freedom from unreasonable search and seizures is protected by The Fourth Amendment. The people are protected, and secure in their persons, homes, papers, and effects against unreasonable search and seizures are not to be violated. Unless there is probable cause, no warrants shall be issued,…
Fourth Amendment is meant to protect the citizen from unreasonable seizures and searches without a warrant. This includes having their homes, persons, and items in their homes searched by police as well as other officials. Following the Amendment, if a police officer suspects that a citizen has is perpetrating or is taking part in a crime, the office has first to obtain a warrant legally. The warrant has to be granted by a judge before the offer can enter the property of the suspect as he or…
which is also written in the Fourth Amendment, and more. The Fourth Amendment states, “The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.”…
The plain view doctrine acknowledge a law enforcement officer take any evidence of a crime or illegal items that is found in plain sight during a normal inspection. “Under the special case for an inquiry occurrence to capture, and officer may lead a warrantless pursuit of the arrestee’s individual and the zone inside the arrestee’s prompt control.” (Brooks, 2004). Furthermore, throughout an inquiry episode to capture, police may take from an arrestee any property which the arrestee may have…
armed robbery wearing red running suits (FindLaw, n.d.). A warrant was obtained, then executed at the residence of Buie where he was subsequently found hiding in the basement. The officers on scene searched the basement following the arrest of Buie where they found in plain view the red running suit. Buie attempted to have the evidence suppressed, citing that his Fourth Amendment rights had been violated by the officers conducting the search. The trial court dismissed the claim made by Buie,…
state trooper as he had a bench warrant for his arrest due to a failed appearance at a fine enforcement hearing. He was first detained at Burlington County Detention Center where like every incoming inmate; he showered with the delousing agent and underwent a strip search while under the officers? supervision. On transfer to the Essex County Correctional Facility the prisoner was subject to a mandatory shower, clothes examination by the officials and a strip search.…
can’t just arrest someone for bearing arms, after all, it states in the second amendment that people have the right to bear arms. I firmly believe that we should pay more attention to this issue, the fact that law enforcement agents can search us without a warrant just because they felt like we were suspicious, because this issue often gets abused. It seems like every single time I turn the tv on and switch the channel to the news, I always hear of a new…